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Section 404 of the Clean Water Act

Memorandum of Understanding on Surface Coal Mining Operations Resulting in Placement of Excess Spoil Fills in the Waters of the United States

This Memorandum of Understanding on Surface Coal Mining Operations establishes a process for improving coordination among the U.S. Office of Surface Mining, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Fish and WildlifeService, and West Virginia Division of Environmental Protection, in the review of permit applications required for surface coal mining and reclamation operations resulting in the placement of excess spoil fills in the waters of the United States. The signatory agencies have entered into this agreement with the goals of enhancing cooperation and communication in order to ensure compliance with all applicable Federal and State laws, improving timelines and predictability in the permit process, and minimizing adverse environmental impacts from surface coal mining operations.